ALBERTA – Stoney Nakoda Nation has joined the ranks in voicing concern about the proposed open-pit coal mine along the Rocky Mountains in southern Alberta.
In documents obtained by the Outlook, it shows the three-band Nation with three reserve locations across southern Alberta is one of the many groups which sent letters to federal Environment and Climate Change Minister Jonathan Wilkinson earlier this year asking for a federal assessment on the proposed expansion project for the Vista Coal Mines near Hinton, Alta.
Loss of access to lands and waters; additional damage to lands, water and environment; loss of important habitat for culturally significant species including deer, moose, elk and fish; destruction of important plants and medicine; impacts of thermal coal mining on climate change and greenhouse gas emissions; and the resulting impacts to the environment which supports Stoney Nakoda's way of life and exercise are just some of the concerns outlined in the four-page letter.
"These potential adverse impacts to Stoney Nakoda’s rights and title engage the honour of the crown and the duty to consult. Yet none of these concerns specific to Stoney Nakoda have or will be addressed within the existing authorization and regulatory processes," Nation representatives wrote in the July 8 letter to Wilkinson.
"The Stoney Nakoda reiterate that at no point have they been consulted on any aspect of the existing Vista Mine nor the expansion phase, despite Stoney Nakoda’s expressed concerns about direct and adverse impacts, and despite the project’s location in Stoney Nakoda’s traditional territory."
The existing mine had proposed to expand Vista Coal Mine Phase 1 to an open-pit surface coal mine for the extraction and export of thermal coal. Previously, the federal minister considered the project for an Impact Assessment Act designation, but ruled in December it did not warrant a federal assessment.
But in a recent ruling on July 30, Wilkinson changed his decision.
"The Minister of Environment and Climate Change has considered the potential for the projects to cause adverse effects within federal jurisdiction, adverse direct or incidental effects, public concern related to these effects, as well as adverse impacts on Aboriginal and Treaty rights," Wilkinson wrote in his response.
Part of the minister's reasoning is the fact the project would be just below the 50 per cent expansion threshold, as previously reported by the Impact Assessment of Canada. In the "Whether to Designate the Coalspur Mine Ltd. Vista Coal Mine Phase II Project in Alberta, Analysis Report" it stated the expansion would result in an increase in the area of mining operations by 49.4 per cent.
Also noted in the minister's decision was the total coal production capacity threshold. The Impact Assessment Act outlines the capacity at 5,000 tonnes per day, but the expansion would increase production to 18,683 tonnes per day.
Wilkinson also said the project may cause adverse direct and cumulative effects to areas of federal jurisdiction that may not be mitigated through project design or the application of standard mitigation measures.
The federal minister said it was after careful consideration of the information provided by Coalspur Mines (Operations) Ltd., advice from federal authorities, input from provincial ministries, the concerns expressed in letters and other public concerns known to the Impact Assessment Agency of Canada that helped his recent decision.
Earlier this year, Alberta changed the laws for coal development.
In May, the province announced it was updating 45-year-old rules, stating the new policy would mean the industry would now be subject to the same land-use policies, "ensuring investors were not subject to outdated land-use restrictions.
"Our government is continuing to protect our natural resources, including critical watersheds and biodiversity along the eastern slopes of Alberta’s Rocky Mountains," said Alberta Environment and Parks Minister Jason Nixon at the time. "Through this approach, we are striking the balance of ensuring strong environmental protection with providing industry with incentive to increase investment.”
The previous policy was developed in 1976. In the press release, officials said all proposed coal projects would be submitted to the Alberta Energy Regulator and rigorously reviewed based on their merit.
"As we strengthen our focus on economic recovery and revitalization, we will continue to make common-sense decisions to create certainty and flexibility for industry, while ensuring sensitive lands are protected for Albertans to continue to enjoy," Alberta Minister of Energy Sonya Savage said at the time.
"Rescinding the outdated coal policy in favour of modern oversight will help attract new investment for an important industry and protect jobs for Albertans.”
